NCOM Region

Anti-Discrimination Law

DISCRIMINATION ON THE BASIS OF CLOTHING OR CLUB MEMBERSHIP IS ILLEGAL

Article I, Section 11 of the New York State Constitution states “that no person shall be denied the equal protection of the laws of this state or any subdivision thereof.” Article 4, Section 40 of the Civil Rights Law provides that “all persons within the jurisdiction of this state shall be entitled to the full and equal accommodations, advantages, facilities and privileges of any places of public accommodations, resort or amusement subject only to the conditions and limitations established by law and applicable alike to all persons.” The U.S. Supreme Court has ruled that individuals have the constitutional right under the First Amendment to wear clothing which displays writing or designs. Cohen v. California, 403 US 15 (1971). In addition, the right of an individual to freedom of association has long been recognized and protected by the United States Supreme Court Thus, a person’s right to wear the clothing of his choice, as well as his right to belong to any club or organization his choice is constitutionally protected, and persons or establishments who discriminate on the basis of clothing or club membership are subject to lawsuit.

Don’t subject yourself to civil and criminal penalties and to expensive and time consuming lawsuits. Don’t discriminate against people wearing colors or motorcycle attire.

Motorcycles are becoming more popular nationwide. Unfortunately, the number of motorcycle accidents are on the rise, both nationally and in New York state. The New York State Department of Motor Vehicles has released statistics that point to nearly 5,000 motorcycle accidents in the year 2005 alone. Each New York motorcycle accident has a physical and financial cost to riders – and if you’re going to risk the often-treacherous road, it’s a good idea to know your legal obligations and rights before you ride.

New York has many state-specific motorcycle laws, including a compulsory helmet and eye protection law for all ages, a requirement to carry liability insurance at all times, and obligations to undergo periodic safety inspections. In addition, anyone wishing to operate a motorcycle in New York state must possess a Class M or MJ driver license. You must complete a motorcycle road test before obtaining your New York motorcycle license, though this requirement may be waived if you complete a motorcycle safety course.

While driver education and practice are essential for safe motorcycle operation, accidents are common. Individual factors such as experience levels, fatigue, drug or alcohol use, mechanics and weather conditions can contribute to accidents, and other motorists can also cause problems on the road. Since not all drivers are aware of motorcycle laws and some ignore the presence of motorcycles on the road altogether, it’s important to be alert and aware at all times.

If an accident does happen, remain calm and gather as much information at the accident scene as possible. Don’t sign any paperwork or deal with an insurance company directly if at all possible. Instead, hire an experienced New York motorcycle accident attorney to help protect your rights and assess your case. Depending on the scope and severity of your injuries and or property damage, you could have a claim for a significant financial settlement designed to offset the costs of your medical care, physical therapy, lost wages, and/or future medical expenses.

Don’t trust just any attorney to take on your New York motorcycle accident case. Instead, seek out a lawyer who rides. Richard M. Lester and the attorneys of AIM (Aid to Injured Motorcyclists) understand the road – and the law. They’re committed to helping injured bikers protect their rights and recover money for their injuries – and they’ve collected over $200 million on behalf of injured riders. It’s easy to get in contact with the best lawyers on the road – just call AIM at 800-ON-A-BIKE for your free consultation today.